Delhi District Court
(Pc No.490/06) (Arun Kr. & Anr. vs . State & Ors.) on 18 August, 2007
(PC No.490/06) (Arun Kr. & anr. vs. State & Ors.)
: 1:
IN THE COURT OF SHRI RAVINDER DUDEJA
ADDL. DISTRICT JUDGE: DELHI.
PC No. 490/2006
Date of institution : 14.8.2006
Date on which the judgment was reserved for : 08.8.2007
1. Sh. Arun Kumar,
S/o Late Sh. Basant Kumar,
R/o S-364, Ist Floor,
Panchsheel Park,
New Delhi - 110 017.
2. Sh. Anil Kumar,
S/o Late Sh. Basant Kumar,
R/o S-364, Ist Floor,
Panchsheel Park,
New Delhi - 110 017.
............ Petitioners.
Versus
1. State.
2. Smt. Abha Goel,
W/o Sh. Dinesh Goel,
R/o Y- 56, Hauz Khas,
2nd Floor, New Delhi.
............ Respondents.
JUDGMENT
1. This is a petition under Section 372 of the Indian Succession Act for the grant of probate. Briefly stated, the facts as stated in the petition are that Shri Basant Kumar, son of late Shri Shiv Narain, expired on 19.9.2004. His wife had predeceased him. Petitioners are (PC No.490/06) (Arun Kr. & anr. vs. State & Ors.) : 2: the sons of the deceased. Besides the petitioners, the deceased has left behind a daughter namely Abha Goel, who is respondent no. 2. During his life time, the deceased had executed a Will dated 16.11.2003.
2. Citation was published in newspaper 'Statesman', but no one appeared from general public to file any objection. Notice of the petition was given to respondent no.2. She did not appear despite service of notice and was accordingly proceeded ex parte.
3. In evidence, petitioners produced three witnesses including themselves. PW1 is Shri Arun Kumar. He is petitioner no. 1. He tendered in evidence his duly sworn affidavits Ex.P1, Ex.P1A and Ex.P1B. In his affidavits, he has stated about the averments, which he had made in the petition. He has proved the death certificate of his father and mother as Ex.PW1/2 and Ex.PW1/3 respectively. Annexure- P1 giving the details of the properties is Ex.PW1/1, but later on the petitioners filed substituted Annexure-P1 after deleting certain properties from earlier Annexure. In his affidavit Ex.P1B Arun Kumar has stated that his late father was having sound disposing mind while executing the Will dated 16.11.2003 and the same was executed without any force, undue influence or coercion. He has stated that the (PC No.490/06) (Arun Kr. & anr. vs. State & Ors.) : 3: Will was registered with the Sub Registrar-I in the presence of two witnesses.
PW2 is Shri Anil Kumar. He tendered in evidence his duly sworn affidavit Ex.P2A. In his affidavit, he has stated about the averments, which he has made in his petition.
PW3 is Shri Anil Garg. He is one of the attesting witnesses of the Will. He has stated in his affidavit that he had signed the Will Ex.PW1/4 as witness and in his presence the other witness as well as the executant had signed the Will. In his oral statement, he has stated that the executant Basant Kumar had put his thumb impression at point B on each page of the Will and that testator did not put his signature on the Will as his hand used to shake. He identified the signature of the other attesting witness at point C on Will Ex.PW1/4.
4. The affidavits/ testimonies of the witnesses have remained unchallenged as no one has come forward to oppose the petition. There is no suspicious circumstance surrounding the execution of the Will Ex.PW1/4, which has been duly proved on record by the attesting witnesses. As per Section 222 of the Indian Succession Act, the probate shall be granted only to an executor named in the Will. No one (PC No.490/06) (Arun Kr. & anr. vs. State & Ors.) : 4: has been named as executor of the Will Ex.PW1/4. Petitioners being the beneficiaries are, therefore, entitled to the grant of letter of administration. Petition is accordingly allowed. Letter of administration be issued in favour of the petitioners with copy of Will Ex.PW1/4 annexed thereto for the due administration of the estate left behind by deceased Basant Kumar as detailed in substituted Annexure- P1, subject to receipt of valuation report, filing of requisite court fee and administration bond with surety. File be consigned to Record Room.
Announced in open (RAVINDER DUDEJA)
Court on 18.8.2007 ADDL. DISTRICT JUDGE:
DELHI.